DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,                   :       MEMBER II

   MONDAY THE  16^th   DAY OF MARCH 2015

C.C.NO.144/2013

J. Seyed

Rep by  his father as

power agent

S. Jinna

126, Rajaji Salai,

West Thambaram, 

Chennai – 600 045.                                                                 ...  Complainant

..Vs..

Murali  Mohan,M.D.,

Global  Innovatives

No.5A, Thangam Colony, 6^th Avenue,

Anna Nagar West, Chennai 600 040.                                        … Opposite party

Date of complaint         :        26.07.2013

For Complainant               :         Party in Person

For Opposite party           :        M/s. K.Muthuramalingam, N. Easwarn &T. Anbu

O R D E R

THIRU.K.JAYABALAN, PRESIDENT               

          Complaint filed  under section 12 of the Consumer Protection Act 1986 for a direction to the opposite party to refund a sum of Rs.30,500/- and to pay  a compensation of Rs.1,00,000/- towards mental agony and unfair trade practice  and to pay  a sum of Rs.5,000/- costs of the complaint. 

1. Complaint in brief :

The complainant purchased  2 inverters  with 150 V.A Exide Battery and 100V.A.
Exide Battery from the opposite party for a total consideration of Rs. 30,500/- inclusive of wiring charges of Rs.2,000/-.  The opposite party installed  one inverter with 150V.A Exide Battery at the ground floor of the complainant residence assuring that   4 tube lights, 4 fans and 1 TV could be used for 6 hours and also installed another inverter with 100 V.A Exide Battery at the first floor of the complainant’s residence assuring that 3 tube lights, 3 fans and 1 TV could be used  for not less than 6 hours. However the  inverter and battery installed in the ground floor  did run only for  an hour and 45 minutes and in the first floor did run only  2 hours and 10 minutes. The life of the battery did not last long  as  assured by the opposite party, the complainant contacted the opposite party and also gave  2 e-mails dated 11.03.2013 and 13.03.2013 to rectify the same.  Though the opposite party men visited on 16.03.2013 and also  after examining  both  the inverters, informed to the complainant that they will come and take the battery on 18.03.2013 and after rectification  they will install again.  However the opposite party did not rectify the mistake in the battery.  Hence the complainant  sent a letter dated 03.04.2013 with registered posted with acknowledgement to rectify the same and however the opposite party did not rectify it. Hence the complainant put to  untold difficulties, hardship and mental agony and  therefore  the  opposite party  has  committed deficiency in service.  Hence the complainant filed this complaint to refund the  amount of Rs.30,500/- and also a sum of Rs.1,00,000/- towards compensation  with  a sum of Rs.5,000/- towards cost of the complaint. 

2.   Written version in brief:

       The opposite party published  his brochure  that an inverter 800 VA (Sine Wave) 640 W would  have a capacity to run (load) 4 Tube lights, 3 fans, one Television  and he never promised or assured any guarantee about the timing of inverter. The opposite party issued receipt only for product cost and not for the labour.   The opposite party also done the service requirements as and when required by the complainant and they have also explained the real facts pertaining to the inverter. They have supplied only good quality products alone to the complainant.  As the opposite party have not promised about the timing of inverter, the opposite party  has not committed unfair trade practice.  The complainant filed this complaint with evil motive and therefore the opposite party prays to dismiss the complaint with cost.    

3.   The Complainant had filed  his proof affidavit and documents Ex.A1 to Ex.A6 were  marked  on the side of the complainant.  The opposite party filed his proof affidavit and Ex.B1 to Ex.B4 were  marked on the side of the opposite party

4. The points for consideration

1)  Whether  the opposite party committed  deficiency in service?

2)   To what relief the complainant is entitled?

5. POINT NO : 1

The admitted facts are that the complainant purchased  2 inverters  with 150 V.A Exide Battery and 100 V.A Exide Battery from the opposite party for a total consideration of Rs.30,500/-  under Ex.A1 which is equivalent to Ex.B2 on 18.05.2012 and the opposite party installed  one inverter with 150 V.A Exide Battery at the ground floor of the complainant residence  and also installed another inverter with 100 V.A Exide Battery at the first floor of the complainant’s residence and the inverter and battery are not functioning to the satisfaction of the complainant in respect of timing,  the complainant sent  Ex.A2 email dated 11.03.2013 and Ex.A3 email dated 13.03.2013 and Ex.A4 registered letter dated 03.04.2013 to the opposite party to rectify the product and the said registered letter was delivered to the opposite party on 04.04.2013 as per Ex.A5 and however the opposite party have not replied for any of the email or to Ex.A4 letter and thereafter the complainant filed this complaint against the opposite party for refund of the cost of the product. 

6.       The complainant would content that the opposite party assured that at the time of purchasing the product the inverter and battery installed in the ground floor would give power for  six hours to use 4 tube lights, 4 fans and 1 TV and likewise the inverter and battery installed in the first floor to give power  3 tube lights, 3 fans and 1 TV for six hours, and however such a  timing was not workable by the above said products  and therefore he sent emails and also Ex.A4 letter and though the opposite party received the same he did not come forward to rectify the mistake in the product and therefore the opposite party  has committed unfair trade practice.

7.       The opposite party would content they never made any promise as alleged by the complainant and they have supplied only good quality of   inverter and battery  and they have also attended service whenever the complainant called them and therefore they have not committed any unfair trade practice and prays to dismiss the complaint.  

Though the complainant stated in the complaint that he had purchased  2 inverters 150 V.A and 100V.A in the complaint,  as per the bill  Ex.A1 & Ex.B2 actually he has purchased 600VA and 800 VA inverters.  The opposite party specifically stated in the written version that  they published brochure that an inverter 800 VA (Sine Wave) 640W would  have a capacity to run (load) 4 Tube lights, 3 fans, one Television  and he never promised or assured any guarantee about the timing of inverter  as per the above version of the opposite party they admit that the inverters purchased by the complainant would have the complainant to run  (load)  4 tube lights 3 fans and 1 Television and to that extent the part of the case of  the complainant was accepted by the opposite party.  The opposite party disputes that the timing of use of inverter they have not made any promised to the complainant.   Of course the  brochure of the opposite party Ex.B1 did not contain the timing of the product to be used.  However in the said brochure they have printed the attractive words “Load chart- High speed, Word Class Range and not just a inverter ….. a solution”.   Normally whenever a consumer buys  a product they will enquire the pros and cons of the product in respect of its use. More particularly, nowadays the consumers after analyzing and after knowing the particulars of the product only every one buys it. Further in Ex.A6 also a similar brochure of the some other inverters company printed the usage timing of the inverter.  Though the opposite party did not print the timing in their brochure, certainly they could have informed the timing on enquiry of the complainant as stated by him. Further, when the opposite party uses the above said attractive words certainly they could have stated the timing in respect of usage hours to the complainant for selling the product. Further the opposite party failed to reply for Ex.A2 & Ex.A3 email and Ex.A4 registered letter  establishes that the opposite party could have promised to the complainant at the time of selling product as contended by the complainant.   If really the opposite party have not promised about the timing to the complainant they could have very well replied to the email and letter of the  complainant and failure to reply only strengthen the case of the complainant.  The opposite party first time in the written version stated that they have not any promised about the timing of the inverter is not at all acceptable.   Therefore it is held that the opposite party promised about the timing  of  the product at the time of selling to the complainant is nothing but unfair trade practice  and therefore the complainant  had proved that through his evidence and documents that the opposite party committed deficiency in service.

8. POINT NO:2

           The complainant stated that he is suffered with untold hardship and mental agony in view of that the product could not be used as promised by the opposite party and further he also wants to refund the cost of the product  to him. Having  held  the point no.1 that the opposite party had  committed deficiency in service  the complainant  is entitled for refund of cost of the product apart from entitled for   compensation with cost of the complaint would be the relief  to the complainant.  However the compensation claimed in the complaint  in excessive and a reasonable compensation has to be ordered. 

In the result the complaint is  allowed in part.  The opposite party is directed to refund a sum of Rs.30,500/- (Rupees thirty thousand five hundred only) to the complainant and  also pay a sum of Rs.25,000/-(Rupees twenty five thousand only) towards compensation, besides  a sum of Rs.3,000/-(Rupees three thousand only) as cost of the complaint.  The opposite party is directed to pay the above amounts  within 6 weeks from the date of receipt of copy of the order, failing which the  above said amounts  shall carry  interest at the rate of 9%  per annum  till the date of payment. 

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this 16^th day of March 2015.

          MEMBER-II                                                                       PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

OPPOSITE PARTY SIDE DOCUMENT:

             MEMBER-II                                                             PRESIDENT